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Articles 61 - 90 of 130
Full-Text Articles in Criminal Procedure
Vampires Among Us, Floralynn Einesman
Vampires Among Us, Floralynn Einesman
Faculty Scholarship
The integrity of an individual's person is a cherished value of our society. That we today hold that the Constitution does not forbid the States minor intrusions into an individual's body under stringently limited conditions in no way indicates that it permits more substantial intrusions, or intrusions under other conditions.
Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger
Of Policy, Politics, And Parliament: The Legislative Rewriting Of The British Right To Silence, Mark Berger
Faculty Works
No abstract provided.
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
In Defense Of The Outrageous Government Conduct Defense In The Federal Courts, Dana M. Todd
Kentucky Law Journal
No abstract provided.
People V. Simac: How Much Is Too Much Advocacy?, James A. Francque
People V. Simac: How Much Is Too Much Advocacy?, James A. Francque
Loyola University Chicago Law Journal
No abstract provided.
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
Contemplating The Successive Prosecution Phenomenon In The Federal System, Elizabeth T. Lear
UF Law Faculty Publications
Constitutional scholars have long debated the relative merits of a conduct-based compulsory joinder rule. The dialogue has centered on the meaning of the “same offence” language of the Double Jeopardy Clause, concentrating specifically on whether it includes the factual circumstances giving rise to criminal liability or applies only to the statutory offenses charged. However, the Supreme Court, in United States v. Dixon, abandoned as “unworkable” a limited conduct-based approach it had fashioned just three years before in Grady v. Corbin.
This Article does not assess the frequency with which federal authorities prosecute joinable offenses separately. While such information ultimately is …
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
When Juries Meet The Press: Rethinking The Jury's Representative Function In Highly Publicized Cases, Kenneth B. Nunn
UF Law Faculty Publications
This article explores questions related to the emergence of the jury's new representative function. Section II examines traditional notions of jury representativeness by demonstrating how the jury came to be viewed as a means of providing community input into the criminal justice process. Section II also describes how a broadly representative jury can aid in fact-finding and provide legitimacy for the verdict. Finally, section II explains how a jury system, closed to public exploitation, was traditionally seen as a way to protect the jury's ability to reach independent judgments.
Section III reviews selected cases which reveal judicial recognition of the …
Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan
Psychiatric Defenses In Arkansas Criminal Trials, J. Thomas Sullivan
Law Faculty Scholarship
No abstract provided.
Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny
Taking It To The Streets: Putting Discourse Analysis To The Service Of A Public Defender's Office, Clark D. Cunningham, Bonnie S. Mcelhinny
Faculty Publications By Year
No abstract provided.
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
The Romance Of Revenge: An Alternative History Of Jeffrey Dahmer's Trial, Samuel R. Gross
Articles
On Feb. 17, 1992, Jeffrey Dahmer was sentenced to fifteen consecutive terms of life imprisonment for killing and dismembering fifteen young men and boys. Dahmer had been arrested six months earlier, on July 22, 1991. On Jan. 13 he pled guilty to the fifteen murder counts against him, leaving open only the issue of his sanity. Jury selection began two weeks later, and the trial proper started on Jan. 30. The jury heard two weeks of horrifying testimony about murder, mutilation and necrophilia; they deliberated for five hours before finding that Dahmer was sane when he committed thos crimes. After …
Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath
Sommers V. Commonwealth: An Indigent Criminal Defendant's Right To Publicly Funded Expert Assistance Other Than The Assistance Of Counsel, Karla C. Mcgrath
Kentucky Law Journal
No abstract provided.
The Other Dimension Of Law, Pierre Legendre
The Other Dimension Of Law, Pierre Legendre
Cardozo Law Review
What kind of a questioning would make it possible for psychoanalysis to become theoretically useful for jurists? How could such a questioning have an effect on the practice of law? In the same measure, is it theoretically plausible for psychoanalysts, attached as they are to their own casuistry, to interrogate the law? What must be recognized from the start, if this questioning is to be more than superficial, is that the intellectual and social dogmas of today are obstacles to the liberty of thought [esprit].
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Feminism And The False Dichotomy Of Victimization And Agency, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Lessons From Reforming Inquisitorial Systems, William T. Pizzi
Lessons From Reforming Inquisitorial Systems, William T. Pizzi
Publications
No abstract provided.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …
Section 1983 Litigation, Martin A. Schwartz
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Calmer Seas: The Supreme Court's Major Criminal Law Rulings Of The 1993-94 Term, William E. Hellerstein
Touro Law Review
No abstract provided.
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Defendant's Right To Be Present In New York: A "Constatutory" Right, Steven N. Malitz
Touro Law Review
No abstract provided.